Harris v. City of Los Angeles

Full title: Derrick Harris v. City of Los Angeles et al

Court: United States District Court, Central District of California

Date published: Dec 13, 2021

CV 21-7999-FMO (JPRx) (C.D. Cal. Dec. 13, 2021)

Opinion

CV 21-7999-FMO (JPRx)

12-13-2021

Derrick Harris v. City of Los Angeles et al

Present: The Honorable Fernando M. Olguin, United States District Judge

CIVIL MINUTES - GENERAL

Proceedings: (In Chambers) Order to Show Cause Re: Dismissal Re: Lack of Prosecution

Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed. Fed.R.Civ.P. 4(m). Generally, a defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed.R.Civ.P. 12(a). The court may dismiss the action prior to the 90 days, however, if plaintiff(s) has/have not diligently prosecuted the action. With respect to service of individuals and/or business entities in a foreign country, plaintiff shall exercise all reasonable diligence and attempt service within the 90-day time period.

In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before January 5, 2022, why this action should not be dismissed for lack of prosecution. Pursuant to Fed.R.Civ.P. 78(b), the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of:

X Proof(s) of service of summons and complaint on the following defendant(s): Detective Dennis Parker, Deputy P. Valencia, Officer Teresa Spires, Detective Leonard Felix, Unknown Officers of the Los Angeles County Sheriff's Department, Unknown Officers of the Los Angeles Police Department

X An answer by the following defendant(s): County of Los Angeles; Detective Dennis Parker, Deputy P. Valencia, Officer Teresa Spires, Detective Leonard Felix, Unknown Officers of the Los Angeles County Sheriff's Department, Unknown Officers of the Los Angeles Police Department

X Plaintiff's application for entry of default pursuant to Fed.R.Civ.P. 55(a): County of Los Angeles

on or before the date indicated above. Failure to file a timely response to this Order to Show Cause shall result in the action or the above defendant(s) being dismissed for lack of prosecution and for failure to comply with the orders of the court. See Local Rule 41; Fed.R.Civ.P. 4 & 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962). 1